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by maxlybbert 289 days ago
The fact that Americans have a right to peaceful assembly doesn’t mean that every non-violent assembly is legal ( https://constitution.congress.gov/browse/essay/amdt1-7-3-1/A... , last sentence):

“the government may impose reasonable restrictions on the time, place, or manner of protected speech, provided the restrictions ‘are justified without reference to the content of the regulated speech, that they are narrowly tailored to serve a significant governmental interest, and that they leave open ample alternative channels for communication of the information.’”

People complain about this all the time (“free speech zones”) but it’s been the law for decades.

See also https://www.aclu.org/know-your-rights/protesters-rights .

1 comments

What does a reasonable restriction make is up to the court to decide, not cops, and definitely not some federal agency.

There's a lot of precedent too, I'm sure.

So yeah, there's no real way to know ahead of time if any protest is or is not legal or legally impeded. That's not the case with continental law where it's defined ahead of time.

I think the ACLU’s advice (which I linked to) is pretty clear about how to organize a legal protest. Sometimes the goal is to get arrested, but if you want to avoid that, then it’s not hard to do.